George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd [2011] UKUT 91 (LC)

Restrictive covenants: No release permitted

Andrew Ross and Sarah Quy discuss a case where the court emphasised the public interest in honouring private rights ‘The court’s decision indicates that responsible developers should seek release of covenants before developing in breach.’ In November 2018 the Court of Appeal decided in Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd [2018] that …

Continue reading "Restrictive covenants: No release permitted"

This post is only available to members.

Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!

Richard Bartle and Dr Keith Shaw analyse how developers are responding to the courts’ more robust treatment of those who deliberately breach their neighbours’ legal rights ‘Any developer who has kept an eye on recent developments in the law should probably think about reformulating its development strategy.’ Part one In a decision of the Land …

Continue reading "Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!"

This post is only available to members.

Restrictive Covenants: Not in my back yard!

Richard Bartle and Keith Shaw discuss how developers are restrained by the restrictive covenants that burden their land, with reference to recent case law and possible future developments ‘The courts have historically attempted to take a firm line with those who breach a restrictive covenant in full knowledge of its existence, particularly after the party …

Continue reading "Restrictive Covenants: Not in my back yard!"

This post is only available to members.